GENERAL TERMS AND CONDITIONS
- . APPLICATION OF THE GENERAL TERMS AND CONDITIONS
- Upon registration for any specific Program, eligible participants accept these General Terms and Conditions as amended from time to time and agree to be bound by them.
- Participation in any Program is subject to these General Terms and Conditions and any rules, policies or procedures that may be adopted by Promoter from time to time.
- Specific Sprint Program conditions of entry will be in addition to these General Terms and Conditions. If there is an inconsistency between these General Terms and Conditions and the specific Sprint Program conditions of entry, the specific Sprint Program conditions of entry will prevail but only to the extent necessary and only in relation to that Sprint Program.
- The Program Period for each Program is that period over which the Program is specified to operate and commences and ends on the date detailed in the Program.
- . PARTICIPATION ELIGIBILITY
- Subject to any specific Program eligibility criteria, the staff of the Dealership are eligible to participate.
- The Dealership must maintain a current executed Finance Retail and Wholesale Bailment Agreement with the promoter for:
- the full Program Period; and
- at the time that the Program Awards and/or Program Rewards, whichever is applicable, are distributed.
- Participation staff in any Program may not be subject to approval by the Dealer Principal.
- It is the eligible participant’s responsibility to ensure that their Dealership reports data as required by Promoter in order for the eligible participant to be entitled to any Program Awards and/or Program Rewards under any Program.
- Participants will only be eligible for a Program Award and/or Program Rewards under a Program if they are employed by a Dealership supported by the promoter for the duration of the Program Period and remain employed by the Dealer at the time of distribution of the Program Award and/or Program Reward.
- If a person holds multiple roles at a Dealership that person is only eligible to participate in a Program under one role – their participation role will be as nominated to the promoter, unless otherwise permitted at the sole and unfettered discretion by the promoter of the Program.
- For the purposes of any Sprint Program, a Dealership may only have one person in each applicable managerial position, unless otherwise permitted at the sole and unfettered discretion by the Promoter. In the event of any dispute as to the person holding this role at the Dealership, the person eligible for any applicable Program Award and/or Program Reward will be the person nominated by the Promoter.
- If a new Dealer is appointed, whether as a result of an open point appointment or a buy sell, during the Program Period and the new staff from the newly appointed Dealership meet the Program criteria, the newly appointed Dealer’s staff may be eligible to participate in applicable Programs.
- In the event that an eligible participant moves from one Dealership to another Dealership during a Program Period, any individual program reward eligibility can be retained by the eligible participant.
- Where an eligible participant changes position within a Dealership, the eligible participant must as soon as reasonably practicable and at the latest within 5 business days of the change, update their details with the promoter.
For the avoidance of doubt, the date from which the update will apply is the date at which the promoter records the change.
- Unless otherwise permitted under these General Terms and Conditions, Program Awards and Program Rewards are not transferable between participants or other Dealership staff.
- . DEALER CLASSIFICATION
- Dealership classifications will be as advised by the promoter in its sole discretion from time to time and may differ from one Program to another.
- If there is an alteration to a Dealership’s classification during a Program Period which affects a Program Award and/or Program Reward, the Program Award and/or Program Reward will be measured by the target pertaining to the Dealership’s old classification up to the time of the change and the new classification thereafter.
- . MULTIPLE SITE AND MULTIPLE FRANCHISE DEALERSHIPS
- If a Dealership is operated from multiple sites under one Dealer Code, it will be treated as one Dealership for the purposes of any Program.
- If there is more than one person who holds a relevant managerial role within the Dealership, the person holding that managerial position at the principal location will be treated as the relevant manager for the purposes of any Program.
- If a dealer group/corporate entity has more than one Dealership under separate Retail and Wholesale Agreements and separate Dealer Codes for each dealership, it will be treated as separate Dealerships for the purposes of any Program.
- Dealership and participants in any programs are not permitted to participate in more than one Program where they are employed in a Dealership that more than one promoter branded Program. For the avoidance of doubt, if the promoter runs Programs for more than one of any of the following promoter brand finance services:
- Nissan Financial Services;Participants will only be entitled to participate in one Program. Participants will need to elect which Program they will participate in.
- Renault Financial Services;
- Mitsubishi Financial Service; or
- Infiniti Financial Services
- . CRITERIA AND REPORTING
- Eligibility criteria for Program Awards and Program Rewards will be set and determined at the Promoter’s sole discretion. Program Awards and Program Rewards will be given based on verifiable data reported to the Promoter.
- Failure to submit data will result in disqualification of the eligible participant from all Program Awards and/or Program Rewards for the period that the eligible staff member may otherwise be entitled to.
- . REWARDS
- Program rewards, unless otherwise determined by the Promoter, earned throughout the Program are redeemable after the completion of the Program.
- Program Awards and/or Program Rewards cannot be exchanged, transferred or redeemed for cash.
- If a Program Reward, or element of a Program Reward, is unavailable for any reason, the Promoter reserves the right to substitute another reward of equal or greater value for that reward, or element of it.
- The Promoter may, in its sole discretion, allow a Program Reward to be transferred to another suitable person or group of persons within the eligible participant’s Dealership.
- If a Program specifies, or anticipates, dates (or the dates are changed before, during or after the Program Period) between which a Program Award and/or Program Reward is required to be taken, the eligible participant will be required to take the Program Award and/or Program Reward at that time. The Program Award and/or Program Reward in these circumstances are not transferable to an alternative date.
- If, in order to claim any Program Reward, the eligible participant requires a valid passport and/or other necessary travel documentation and visas, the eligible participant is required to arrange for the required documentation (including finding out what documents the eligible participant may require). The Promoter will not be responsible for an eligible participant who is unable to take the benefit of any Program Reward as a result of the eligible participant’s failure to obtain the required travel and/or supporting documentation.
- Where required, eligible participants and, where applicable, any other Individual Participants may be required to sign an acknowledgement of risk and waiver of liability for each experience. In addition, and if applicable, eligible participants and Individual Participants will be required to acknowledge that some Program Reward experiences are inherently dangerous, and if they choose to participate they will do so at their own risk. In particular, a reasonable level of health and fitness may be required. The Promoter reserves the right to preclude participation of anyone refusing to sign the acknowledgement / waiver or any person who is suffering from asthma, epilepsy, significant back or neck problems, physical or mental disabilities, or is pregnant or not able to participate in any of the experiences for their own or anyone’s safety. The Promoter will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to any Program Rewards or the awarding or taking of any Program Award and/or Program Rewards except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
- . TAXATION
- The Dealer and eligible participants are responsible for any tax consequences associated with receiving any Program Awards and/or Program Rewards. Most Program Awards and/or Program Rewards are assessable in the hands of the recipient.
- The Promoter may offer Program Awards and/or Program Rewards to eligible participants that may attract a Fringe Benefit Tax liability. The employer, the Dealer, of the recipient of the Program Awards and/or Program Rewards is liable for the Fringe Benefit Tax liability. Where the Promoter is informed or determines that such Program Awards and/or Program Rewards are subject to Fringe Benefit Tax, the Promoter will calculate the Fringe Benefit Tax liability relating to such Program Rewards and may, at its sole and unfettered discretion, choose whether to reimburse the Dealer for the Fringe Benefit Tax owing (once per year after year end of the Fringe Benefit Tax year being 31 March). It is the responsibility of the Dealer to ensure that it submits a Fringe Benefit Tax return with all required disclosures as per the relevant legislation and remit payment of any Fringe Benefit Tax due to the Australian Taxation Office by the due date.
- Neither the Promoter nor its related companies are qualified tax advisers and the Promoter does not accept any responsibility or liability for the validity of information provided in relation to these matters. Eligible participants and Dealerships should ensure that appropriate professional advice and assistance is obtained in relation to taxation. Except as expressly provided for, neither the Promoter nor its related bodies corporate accept any liability or responsibility to reimburse, in part or full, any amount of tax involved.
- . AUDIT
- The Promoter reserves the right to audit the Dealerships records relating to any Program and/or reported data and information at any time for any reason and in any manner it sees fit. The Dealer and eligible participant will cooperate fully with Promoter in any audit process.
- The Promoter reserves the right to invalidate any Program Awards and/or Program Rewards earned or recognitions given, affected by inaccuracies or errors discovered through the audit.
- The Promoter reserves the right to charge the eligible participant for any Program Awards and/or Program Rewards found to have been obtained by misrepresentation and further to revoke the registration of that Dealer or eligible participant from relevant incentive memberships, at its absolute discretion.
- . DISQUALIFICATION
- If a Dealer or eligible participant:
- provides inconsistent, inaccurate or unverifiable information;
- does not comply with Promoter’s policies and procedures or Program criteria;
- is, or is reasonably suspected of being, in breach of laws relevant to the operation of the Dealer’s business and/or their Retail and/or Bailment Agreements with the Promoter; or
- is conducting business dealings in a manner which is not, in the Promoter’s reasonable opinion, in the spirit of Promoter’s vision and compliance requirements, the Dealer and the eligible participant may, at Promoter’s sole discretion, be excluded from participation in any Program.
- Should an eligible participant bring the Promoter into disrepute, the Promoter reserves the right to disqualify that member from:
- participation in any and all Programs; and/or
- eligibility or entitlement to an Program Rewards and/or Program Awards.
- The Promoter reserves the right to disqualify any Dealership (including the Dealer and all of its staff) and/or any eligible participant and/or individual who tampers with, or benefits from tampering with, the entry process or any Program.
- Where the Promoter reasonably believes that any eligible participant or Dealership has falsified records, or participated in any activity which falsifies records, or acted in a manner that is calculated to unduly skew, alter, or change any results, or commits any fraudulent act that has an impact on the results of any Program, the Promoter may at its discretion do any one or more of disqualify all relevant eligible participants, deem all relevant results to be amended so as to remove the effect of the conduct or otherwise take such steps as the Promoter deems necessary to address the occurrence.
- If a Dealership and/or an individual, whether an eligible participant or not, is disqualified from participating in a Program, the Promoter may, at its sole discretion, disqualify that Dealership or individual from future participation in any or all Programs. Future participation in any Program will be at the Promoter’s sole discretion and dependent on, among other things, the Dealer and/or eligible participant satisfying the Promoter’s requirements in regards to the implementation of processes to ensure such conduct does not continue to occur or occur again and/or that any breach is remedied.
- If an eligible participant is disqualified from any Program, they will not be entitled to any Program Awards and/or Program Rewards and if any Program Awards and/or Program Rewards have already been distributed under a Program from which they are disqualified, the Dealer or the eligible participant must immediately at the request of the Promoter return all Program Awards and/or Program Rewards given to that eligible participant. Where a Program Award and/or Program Reward is unable to be returned then the eligible participant must provide the Promoter with the monetary equivalent of the Program Award and/or Program Reward.
- If a Dealer or eligible participant:
- . VARIATION OF TERMS AND CONDITIONS
- Any Program Awards and/or Program Rewards are offered at the absolute discretion of the Promoter and the Promoter reserves the right to withdraw, cancel, vary or in any way change at any time without notice, the eligibility criteria of a Program and/or any Program Awards and/or Program Rewards. Unless otherwise specified by the Promoter, all such variations shall be deemed to operate retrospectively.
- Notice of any changes and/or amendments to any Program may, if it chooses, be announced by the Promoter in writing.
- The Promoter will not be liable for any loss or damage suffered or sustained by eligible participants resulting from any withdrawal, cancellation, variation or change to a Program.
- . PRIVACY
- The Promoter may require the eligible participant to partake in media exposure, including but not limited to future promotional, marketing and publicity without any further reference, payment or other compensation.
- By entering any Program, the eligible participant consents to the Promoter’s use of their personal details (including name, likeliness, image and/or voice) for any marketing and advertising (in any form of media) that the Promoter may choose for an unlimited period without remuneration.
- The Promoter may use any personal information of an eligible participant provided in connection with any Program for the purpose of running the relevant Program, and also in advertisements, publications, media statements and other promotional material associated with the Program. The Promoter may disclose the information for those purposes to its related bodies corporate and contractors. If entrants do not provide the information requested they will not be able to enter the Program.
- . GENERAL
- The Promoter’s interpretation of these General Terms and Conditions and Sprint Program conditions of entry, including determining Program Awards and/or Program Rewards eligibility, will be final and binding. All decisions are final and no correspondence will be entered into.
- Unless otherwise provided for as part of a Program’s criteria, Program Awards and/or Program Rewards are determined based on skill and chance plays no part in determining any Program Award and/or Program Reward.
- The Promoter is not responsible for any problems or technical malfunction of any communications network or lines, computer on-line systems, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participants or any other person's computer related to or resulting from participation in or down-loading any materials for a Program.
- If any Program is not capable of being conducted due to circumstances beyond the Promoter’s control, including due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the Program.
- The Promoter and its agencies and companies associated with any Program will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to a Program or the awarding or taking of a Program Award and/or Program Reward except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
- . DEFINITIONS
- The following definitions apply:
- Dealership/Dealer means a Dealership which has a current executed Retail Agreement and Bailment Agreement with the Promoter.
- Individual Participants means a person who may, where permitted under the specific Program, partake in the Program Reward as a result of having a relationship with the eligible participant, such as being the eligible participant’s spouse.
- Promoter shall mean Nissan Financial Services Australia Pty Ltd,
(ACN 130 046 794) of 260-270 Frankston Dandenong Road,
trading as any of the following:
- Nissan Financial Services
- Renault Financial Services
- Infiniti Financial Services
- Mitsubishi Motors Financial Services
- Program means, for the purposes of these General Terms and Conditions, either Finance Program and/or a Sprint Program as appropriate.
- Program Awards means the awards contemplated as part of a Promoter Program from time to time.
- Program Criteria means the criteria stipulated by the Promoter for each individual Dealer incentive program.
- Program Period means the period over which a Program will run.
- Program Rewards means all rewards (whether in cash, voucher, merchandise, event invitations or other support) given by the Promoter for a Program.
- Sprint Program means each individual staff incentive program conducted by the Promoter from time to time for the benefit of Dealership staff.
- The following definitions apply:
The Privacy Officer
Nissan Financial Services Australia Pty Ltd
Locked Bag 1450
DANDENONG SOUTH VIC 3164
Phone: 1800 035 035
Fax: (03) 9797 4400
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